Acts 2009, 81st Leg., R.S., Ch. 1095 (H.B. 1201.2076. Texas Department of Housing and Community Affairs Retailer's License Number(s) _____ (if not in business Jan. 1 of this year) S. SECTION 4: Inventory Schedule. (b) Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale. (a-4) An applicant for a joint installer-retailer license must comply with Subsections (a-2) and (a-3), for a total of eight hours of specialized instruction. (c) After a change described by Subsection (a), the licensee shall provide to the department a proper endorsement to the original bond showing that the bond continues to apply to the license without interruption. SEAL PROPERTY OF DEPARTMENT. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. 73(a)(5), eff. Section 5301 et seq.) Today, the Statement of Ownership confirms the manufactured home's ownership and any liens. (a) Nothing in this chapter shall limit the ability of the department to inspect a manufactured home at any time. 1460), Sec. 2019), Sec. Sec. 2, eff. (a) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without fulfilling the instruction requirements of Section 1201.104(a). (b) Property used for the business that is not contiguous to, or located within 300 feet of, a bonded location requires a separate bond. September 1, 2017. 1284 (H.B. 1201.007. A person can get a certified copy of a current Statement of Ownership for free by mailing or faxing the request to 512-475-1109, or email the request to processing@tdhca.state.tx.us. June 1, 2003. 1201.212. The director may issue an order to prohibit a person who is not licensed as an installer from performing installation functions under the oversight of a licensed installer. HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE. You will need to pay a $55 issuance fee for a new SOL. In the event that you sell or transfer ownership of a home, the SOL must be . As long as the landlord is providing habitable housing, the tenant must pay rent. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person's warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation. Not later than the 60th day after the date the department issues a copy of the statement of ownership to the owner, the owner must: (1) file the copy in the real property records of the county in which the home is located; and. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. (b) The board shall adopt rules for the documenting of the ownership of a manufactured home that has been previously owned in this state or another state. Added by Acts 2001, 77th Leg., ch. (f) A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license. 1201.060. 3613), Sec. (b) For a preliminary determination that has been disputed to become final and valid, the department shall make any changes the director determines to be appropriate and issue another written preliminary determination as to the responsibility and liability of the manufacturer, retailer, broker, and installer. 4, eff. The program must place priority on inspecting multisection homes and homes installed in Wind Zone II counties. Acts 2005, 79th Leg., Ch. 85(5), eff. 408 (H.B. 1460), Sec. 1201.055. Amended by Acts 2003, 78th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 1201.360. 408 (H.B. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . The surety is not liable for successive claims in excess of the face value of the bond, regardless of the number of years the bond remains in force. (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. Acts 2009, 81st Leg., R.S., Ch. 863 (H.B. June 18, 2003; Acts 2003, 78th Leg., ch. (4) all exterior doors and windows are in place and operate properly. June 1, 2003. Prior to your mobile home closing - Continued. 338, Sec. BOX 12489 Austin, Texas 78711-2489 (a) The formaldehyde health notice required by Section 1201.153 is sufficient, as a matter of law, to advise a consumer of the risks of occupying a HUD-code manufactured home. A buyer cannot change their manufactured home from personal to real property unless they attach it to land they own or lease under a qualifying, long-term lease. June 18, 2005. (b) A licensee may engage another person who is not licensed under this chapter but possesses another license issued by the State of Texas to provide goods and services subject to that other license. document.returnValue = false; 2438), Sec. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. (a) Application Requirements. 22, eff. 1460), Sec. January 1, 2008. Sec. 2438), Sec. 2.001. 1460), Sec. SECURITY REQUIRED. 863 (H.B. 408 (H.B. Sec. Fill Out The Addendum To Application For Statement Of Ownership - Texas Online And Print It Out For Free. 863 (H.B. Section 5414; and. (a) A retailer or broker: (1) shall comply with Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. Acts 2007, 80th Leg., R.S., Ch. Because of its regulatory nature, MHD has its own board and executive director. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. Sec. January 1, 2008. (5) the department in the manner provided by Subsection (h). 1460), Sec. 7, eff. (2) submit to a credit underwriter or lending institution information known to be false or misleading. 15, eff. The department may place on probation a person whose license is suspended. (C)the applicant could not locate the seller after making a good faith effort. (a) Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization to a licensed retailer to sell or exchange a used manufactured home that is not or may not be habitable to or with a governmental housing agency or authority or to a nonprofit organization that provides housing for the homeless. 17, eff. The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. If there is a mortgage lien, you can provide either the completed Form B, documents, which identify the manufactured home that verifies the lien is fully paid and/or has been released, written consent from the lienholder than an SOL has been issued for the property, or a statement from an attorney or the title company declaring all prior liens and taxes on the home have been paid. June 18, 2005. PROGRAM MONITORING. Section 1026.23. (4) the consumer was given conspicuous written notice of the requirements for retaining the deposit. (4) "Identification number" means the number permanently attached to or imprinted on a manufactured home or section of the home as prescribed by department rule. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. 338, Sec. (d) If an owner elects to treat a manufactured home as real property, the department shall issue to the owner a copy of the statement of ownership that on its face reflects that the owner has elected to treat the manufactured home as real property at the location listed on the statement. 408 (H.B. License Expiration Date. 1201.217. (b) If the manufacturer, retailer, or installer, as applicable, fails or refuses to provide warranty service in accordance with the department order under Section 1201.356, the director shall hold an informal meeting at which the manufacturer, retailer, or installer must show cause as to why the manufacturer's, retailer's, or installer's license should not be suspended or revoked and at which the consumer may express the person's views. (1) the statement of ownership and location for the home issued under Section 1201.207, Occupations Code, reflects that the owner has elected to treat the home as real property . Application . June 18, 2005. The surety shall provide written notice to the director before the 60th day preceding the effective date of cancellation. (a) Sections 1201.204, 1201.205, 1201.206, and 1201.207 do not apply to the purchase of a manufactured home that is purchased by a federal governmental agency and used to provide temporary housing in response to a natural disaster or other declared emergency. Amended by Acts 2003, 78th Leg., ch. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. 3.08, eff. Homestead Exemption for Manufactured Home - last updated April 14, 2021 Acts 2005, 79th Leg., Ch. M. ANUFACTURED . (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. Our office does not update manufactured home titles. June 18, 2005. 2019), Sec. 1814), Sec. 28, eff. Sec. An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted unless the municipality in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. Added by Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. 863 (H.B. (19) "Manufacturer" means a person who constructs or assembles manufactured housing for sale or exchange in this state. (d) Notwithstanding any other provision of this chapter, if the consumer purchases a new manufactured home from a licensed retailer in the ordinary course of business, whether or not a statement of ownership has been issued for the manufactured home, the consumer is a bona fide purchaser for value without notice and is entitled to ownership of the manufactured home free and clear of all liens and to a statement of ownership reflecting the same on payment by the consumer of the purchase price to the retailer. PROHIBITED CONSTRUCTION BY MANUFACTURER. (c) Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction. (32) "Used manufactured home" means a manufactured home which has been occupied for any use or for which a statement of ownership has been issued. (12) any other information the board requires. Detroit-based DTE Energy reported more than 130,000 customers lost power Friday evening. (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. A location at which a manufactured home is shown to the public or at which the home is offered for sale or exchange by a retailer to consumers requires a bond. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. 1201.110. Sec. Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code. (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter. 70, eff. You can use a generic bill of sale form or create it by hand. 2019), Sec. (2) "Affiliate" means a person who is under common control. September 1, 2017. 338, Sec. MANUFACTURED HOUSING. Manufactured homes that are declared as personal property are taxed separately from the land. 21, eff. Added by Acts 2003, 78th Leg., ch. 1201.204. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. Sec. 863 (H.B. (h) The department shall remove from a manufactured home's statement of ownership a reference to any tax lien delinquent more than four years for which no suit has been timely filed in accordance with Section 33.05(a)(1), Tax Code, if: (1) a tax collector confirms no suit has been filed; or, (A) has submitted to a tax collector two requests under Subsection (g) sent not fewer than 15 days apart; and. (29) "Standards code" means the Texas Manufactured Housing Standards Code. 1079 (H.B. PROCEDURE FOR LICENSE RENEWAL. Added by Acts 2013, 83rd Leg., R.S., Ch. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED. 60, eff. (e) If the person charged does not pay the penalty and does not pursue judicial review, the department or the attorney general may bring an action for the collection of the penalty. 26, eff. 51. There is no additional fee for the release of . 28, eff. 1201.251. (2) real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency. Such rules shall, to the extent practical, be modeled on the federal rules for the waiver of a right of rescission under 12 C.F.R. The department shall maintain on file a security other than a bond canceled as provided by Section 1201.109(a) until the later of: (1) the second anniversary of the date the manufacturer, retailer, broker, or installer ceases doing business; or. Acts 2007, 80th Leg., R.S., Ch. (C) without paying the amount of the penalty or posting the supersedeas bond, pursue judicial review. PROHIBITED SHIPPING BY MANUFACTURER. (c) Installation of a manufactured home considered to be real property under this chapter must occur in a manner that satisfies the lending requirements of the Federal Housing Administration (FHA), Fannie Mae, or Freddie Mac for long-term mortgage loans or for FHA insurance. September 1, 2017. (a) At the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application for the issuance of a statement of ownership is properly completed. (b) If the home does not have the appropriate seal or label, the person must: (1) apply to the department for a seal; and. 32, eff. document.returnValue = true; (c) If payment to the manufactured homeowner consumer claims program of a claim is not made by the surety or from the other security in a timely manner, the attorney general shall file suit for recovery of the amount due the manufactured homeowner consumer claims program. 10, eff. License Holder Name [Help] Associate First Name. 408 (H.B. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 1460), Sec. 2, eff. 2238), Sec. 26, eff. 3361), Sec. The term includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components and making minor adjustments. September 1, 2017. REPORT TO CHIEF APPRAISER. Breaking a lease due to disability can also be costly. As otherwise indicated below. Added by Acts 2001, 77th Leg., ch. A statement of ownership must be evidenced by a board-approved form issued by the department setting forth: (1) the name and address of the seller and the name and, if it is different from the location of the home, the mailing address of the new owner; (2) the manufacturer's name and address and any model designation, if available; (3) in accordance with the board's rules: (A) the outside dimensions of the manufactured home when installed for occupancy, as measured to the nearest one-half foot at the base of the home, exclusive of the tongue or other towing device; and. The term includes the modification of a manufactured home in a manner that may affect the home's compliance with the appropriate standards but does not include: (A) the repair or replacement of a component or appliance that requires plug-in to an electrical receptacle, if the replaced item is of the same configuration and rating as the replacement; or. 1201.302. Sec. September 1, 2017. 1421, Sec. September 1, 2017. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. When you conduct a title search, you will need to provide the complete serial number, Texas Seal number or HUD label for the mobile home, the address of the property, and the first and last name of the current or legal owner. September 1, 2017. Amended by Acts 2003, 78th Leg., ch. 85(4), eff. (e) A new statement of ownership issued by the department under this section transfers, free of any liens, if there is evidence of United States Postal Service return receipt from all lienholders, title to the manufactured home to the real property owner. 5, eff. The consumer shall return the completed application to the retailer. 3, eff. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. 1460), Sec. 1201.221. 1201.159. If the buyer acquires the home from someone who is not a licensed retailer, they can find the application online or call 800-500-7074 to request one. A closing date is then decided where the seller will move their possessions out of the home. Sec. Acts 2017, 85th Leg., R.S., Ch. (a) Instead of requiring a consumer to apply for compensation under the manufactured homeowner consumer claims program under Subchapter I, the director may order a manufacturer, retailer, broker, or installer, as applicable, to pay a refund directly to a consumer who sustains actual damages resulting from an unsatisfied claim against a licensed manufacturer, retailer, broker, or installer if the unsatisfied claim results from a violation of: (b) For purposes of this section, the refund of a consumer's actual damages is determined according to Section 1201.405. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing: (1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and. 408 (H.B. 1460), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. INSPECTIONS. Sec. 2019), Sec. September 1, 2009. Acts 2005, 79th Leg., Ch. Once you have completed the form listing the requested information, you may mail it to: September 1, 2013. 8(1), eff. 1420), Sec. Sec. (3) shall comply with all applicable provisions of the Finance Code. (a) The board shall adopt rules and otherwise act as necessary to: (1) comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (g) A county or other unit of local government that identifies a manufactured home within its jurisdiction that has been declared salvage may impose on that home such inspection, correction, and other requirements as it could apply if the home were not a manufactured home. Added by Acts 2017, 85th Leg., R.S., Ch. Manufactured Housing Division. 408 (H.B. 62, eff. SANCTIONS AND PENALTIES. 34(1), eff. (a) If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the dispute. 19, eff. (a) Notwithstanding any other law, in any 12-month period a person is exempt from holding a retailer's license as required by Section 1201.101(b) if during that period the person sells or offers to sell not more than three manufactured homes. 41, eff. The attorney general and the director may recover reasonable expenses incurred in obtaining injunctive relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. Sec. BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . 1276, Sec. Added by Acts 2001, 77th Leg., ch. January 1, 2008. Sec. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and. An appeal is a contested case governed by Chapter 2001, Government Code. (c) If a new manufactured home is salvaged, the retailer shall remove the label and surrender the label and the manufacturer's certificate under Section 1201.204 to the director for issuance of a statement of ownership that indicates that the home is salvaged. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. September 1, 2013. The department shall cooperate with all local governmental units in this state. September 1, 2017. (c) A broker shall provide any person who engages the broker's services with a written disclosure of which interests in the transaction, if any, the broker represents. 2, eff. Acts 2005, 79th Leg., Ch. (1) shall advise each local governmental unit biennially in writing of the program for contracting installation inspections; (2) shall encourage local building inspection officials to perform enforcement and inspection activities for manufactured housing installed in the local governmental unit; and. June 18, 2003. The consumer protection division of the attorney general's office shall prepare the form of the notice, which must be approved by the director. //-->, TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. 2019), Sec. 1201.117. 24, eff. 1201.460. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. 31, eff. (3)the applicant demonstrates ownership of the manufactured home under Subsection (j) Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. P.O. Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . 15(3), eff. Statement of Ownership/Title (TDHCA) E lection REAL Addendum (TDHCA) Statement of Inheritance (TDHCA) Release of Lien/Repossession (TDHCA) **ALL documents MUST BE returned to TDHCA** Added by Acts 2001, 77th Leg., ch. If feasible, any action required under this chapter may be accomplished by electronic means. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. 4 (S.B. If the installer fails to perform the corrective action, the installer shall be subject to the provisions of Section 1201.357. 61, eff. Sec. June 1, 2003. Its important to do this research because you may not be able to update the Statement of Ownership (title) until the recorded liens have been released and taxes have been paid through the date of sale. 77 (H.B. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. Added by Acts 2003, 78th Leg., ch. 13. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. if (showMsg) { 338, Sec. Amended by Acts 2003, 78th Leg., ch. 1201.606. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. (c) Before closing on the acquisition of a new or used manufactured home for use as a permanent dwelling in this state, a consumer seeking to acquire the home must provide to the retailer, broker, or salesperson selling or exchanging the home satisfactory evidence that the home will not be located, in a manner that violates local, state, or federal law, on a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency. PERFECTION, EFFECT, AND RELEASE OF LIENS. A buyer who does not go through an attorney, lender or title company to convert a home to real property should contact the county clerk to ask about fees, requirements and procedures for recording the document. 408 (H.B. Sept. 1, 2003. 863 (H.B. Sec. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. 2238), Sec. (b) The department is not liable to the consumer if the manufactured homeowner consumer claims program does not have the money necessary to pay the actual damages determined to be payable. contract or agreement; and. June 1, 2003. If the department determines that a complaint is covered by the installation warranty, the director shall issue the order to the installer for the corrective action. Click here to access an Open Records Request form. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. (g) Subsections (a), (a-2), (a-3), and (a-4) do not apply to a license holder who applies: (1) for a license for an additional business location; or. 26, eff. (a) In a transaction that is to be financed and that will not be subject to the federal Real Estate Settlement Procedures Act of 1974 (Pub. Acts 2005, 79th Leg., Ch. (b) An offense under this section is a Class A misdemeanor punishable by: (2) confinement in county jail for a term of not more than one year; or. June 18, 2003. 408 (H.B. (b) A license application must be accompanied by: (1) proof of the security required by this subchapter; (2) payment of the fee required for issuance of the license; and. 408 (H.B. If the retailer is compelled to perform corrective action because of the failure of the installer to comply with the director's order, the retailer may seek reimbursement from the installer. 2019), Sec. 1421, Sec. (2) a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement. (f) A retailer's or manufacturer's knowing and wilful failure, from September 1, 1981, to September 1, 1985, to comply with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: Sec. 408 (H.B. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Amended by Acts 2003, 78th Leg., ch. (a) The board shall establish fees for the issuance and renewal of licenses for: (b) The board by rule may establish a fee for reprinting a license issued under this chapter. Sec. Currently, Denton County has 14,626 mobile homes registered with the Texas Department of Housing and Community Affairs (TDHCA).TDHCA maintains the official state records (called Statements of Ownership and Location (SOL)) regarding the ownership, location, lien status, and status as real property or personal property.. 77 (H.B. January 1, 2008. 863 (H.B. TDHCA Forms. } In accordance with Section 1201.204, the retailer shall surrender to the department the original manufacturer's statement of origin at the same time that the retailer applies for the first statement of ownership. If for any reason the retailer does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. (c) A seal issued to a tax appraiser or tax assessor-collector is for identification purposes only and does not imply that: (2) a purchaser of the home at a tax sale may obtain a new statement of ownership from the department without an inspection for habitability. 18, eff. If, before the 31st day after the date a person receives notice of the imposition of an administrative penalty, the person requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings.
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